The High Court disposed of a petition seeking release of compensation awarded to the victim in a POCSO case. Accepting the State's assurance that compensation would be processed under fresh guidelines, the Court directed the respondent to disburse the amount within two weeks.
Direction to disburse compensation within two weeks.
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MS K ..... Petitioner Through: Ms. Kamna Vohra and Mr. Shivam Tyagi, Advocates.
versus
STATE OF NCT OF DELHI AND ANR. ..... Respondents Through: Ms. Rupali Bandhopadya, ASC with Mr. Abhijeet Kumar, Adv. for R-1. Mr. Ajay Verma, Advocate for R-2 with Mr. Abhinav Pandey, Secretary Litigation Incharge, DSLSA.
CORAM:
HON'BLE MR. JUSTICE ANOOP KUMAR MENDIRATTA O R D E R % 06.02.2024
CRL.M.A. 877/2024
Exemption allowed, subject to just exceptions.
Application stands disposed of.
W.P.(CRL) 105/2024
1. Petition under Article 226 of the Constitution of India read with Section 482 of the Code of Criminal Procedure, 1973 (‘Cr.P.C.’) has been preferred on behalf of the petitioner / victim for directing respondents to release compensation / funds in favour of the petitioner in terms of order dated 07.02.2023 passed by learned ASJ, FTSC-02, POCSO, West District, Tis Hazari Court, Delhi in FIR No. 346/2016, under Sections 376D/328/ 323/342/365/363 IPC and Section 4 of POCSO Act, registered at PS: Ranhola, Delhi.
2. Issue notice. Learned ASC for the State and learned counsel for
This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 13/12/2024 at 14:37:46
respondent No. 2 along with Mr. Abhinav Pandey, Secretary Litigation Incharge, DSLSA appear on advance notice and accept notice.
3. Learned counsel for the petitioner submits that accused stands convicted vide judgment dated 20.12.2022, under Sections 328/324/ 376(D)/34 IPC and Section 6 of POCSO Act. Further, a compensation of Rs.15 lacs was awarded to the petitioner / victim towards relief and rehabilitation, after adjusting the amount, if any, paid to her.
4. Learned counsel for respondent No. 2 informs that fresh set of guidelines have been issued by the concerned Committee and cases shall be accordingly processed. Further, compensation to the petitioner / victim shall be released within two weeks in accordance with Rules and directions issued by learned Trial Court.
5. Taking the statement of learned counsel for respondent No. 2 / DSLSA on record, petition is disposed of with directions to respondent No. 2 to process the case of petitioner and disburse the compensation in accordance with Rules, within a period of two weeks from today.
Pending applications, if any, also stand disposed of.
ANOOP KUMAR MENDIRATTA, J.
FEBRUARY 06, 2024/ R
This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 13/12/2024 at 14:37:46
1 issue framed by the court
Whether compensation awarded to the petitioner/victim by the trial court should be released within a specified timeframe.
4 provisions across 4 enactments
MS K
STATE OF NCT OF DELHI
ANR.
ANOOP KUMAR MENDIRATTA
As recorded by the court registry
A constitutional writ petition in a criminal context, most commonly habeas corpus or a challenge to an FIR or detention order.
Judgements on the same questions, provisions and authorities, from every court
